Draft Nationality, Immigration and Asylum Act 2002 (Amendment of List of Safe States) Regulations 2024

Debate between Michael Tomlinson and Chris Stephens

Wednesday 10th January 2024 General Committees

[The Minister for Countering Illegal Migration (Michael Tomlinson)]

I beg to move,

That the Committee has considered the draft Nationality, Immigration and Asylum Act 2002 (Amendment of List of Safe States) Regulations 2024.

What a great pleasure it is to serve under your chairmanship, Ms Bardell. I think it is the first time that I have had the privilege to serve with you in the Chair. It is good to welcome hon. and right hon. Members to this Committee.

These regulations seek to add Georgia and India to the list of safe countries of origin. The inadmissibility of asylum claims has been a long-standing process in the UK. Under the Nationality, Immigration and Asylum Act 2002, the Secretary of State must declare an asylum claim made by a national of an EU member inadmissible unless there are exceptional circumstances. These provisions will reduce pressures on our asylum system and allow us to focus on those most in need of protection, but it is right to say that it is not only EU states that are safe countries. As soon as section 59 of the Illegal Migration Act 2023 is commenced, these provisions will be expanded to include the inadmissibility of asylum and human rights claims from other states considered generally safe.

The list of safe countries of origin comprises the EU states, as now. It also includes other European economic area states, namely Iceland, Norway and Liechtenstein, as well as Switzerland and Albania. The rationale underpinning the proposed addition of India and Georgia to the list is that that will tackle unfounded and unnecessary protection and human rights claims from people who are in safe countries. India and Georgia are countries in which we have seen an increase in the volumes of asylum intake, so consideration has been given as to whether it would be appropriate to add them to the list of safe countries of origin. Having reviewed the relevant information and evidence from a wide range of reliable sources relating to the safety of Georgia and India, including consideration of their respect for the rule of law and human rights, we assess that both countries meet the criteria as set out in section 80AA(3) of the 2002 Act and are generally safe, so it is appropriate to add these countries to the list.

[Chris Stephens (Glasgow South West) (SNP)]

Declaring a country to be safe does not necessarily make it safe. Can the Minister tell me how many asylum claims were granted by the Government from Georgia and from India in the last two years?

Oral Answers to Questions

Debate between Michael Tomlinson and Chris Stephens

Thursday 7th December 2023 Commons Chamber

[The Solicitor General]

I entirely refute and disagree with the hon. Gentleman’s final comment, but he will be pleased to know that the new director of the SFO has set off apace. He has launched new investigations. There is a new energy and a new rigour within the SFO, but I repeat that it is not just the SFO that conducts such investigations; the Insolvency Service is also involved, and is also carrying out some excellent work.

[Chris Stephens (Glasgow South West) (SNP)]

8. What steps she is taking to increase prosecution rates for small boat gangs and other people traffickers.

[The Solicitor General (Michael Tomlinson)]

Earlier this year, the Attorney General and I visited Western Jet Foil and the joint control room in Dover to discuss the Illegal Migration Act 2023. The number of small boat crossings is down by a third this year, and we are seeing an increase in the number of prosecutions since the introduction of the Nationality and Borders Act 2022.

[Chris Stephens]

Yesterday the Safety of Rwanda (Asylum and Immigration) Bill was laid before the House. It would disapply the Human Rights Act 1998 for those seeking sanctuary. That undermines the UK’s international reputation and international law. The Home Secretary said yesterday at the Dispatch Box that the Attorney General made it clear that the Bill is in conformity with international law, so can he confirm that that advice was given, and how is it meant to impact small boat crossings and prosecutions?

[The Solicitor General]

The hon. Gentleman has kindly been present throughout question time, so he will know that I cannot confirm or deny whether advice was even sought, let alone given, let alone its content. His question is about small boat crossings, which Government Members are determined to stop. I was disappointed that he did not support our Nationality and Borders Act, which prosecuted the people traffickers. That is the substance of his question. I look forward to his reading the Bill in more detail and supporting it in due course.

Oral Answers to Questions

Debate between Michael Tomlinson and Chris Stephens

Thursday 19th October 2023 Commons Chamber

[Chris Stephens (Glasgow South West) (SNP)]

5. What recent discussions she has had with the Secretary of State for Justice on the contribution of solicitors to civil society.

[The Solicitor General (Michael Tomlinson)]

As my right hon. Friend the Lord Chancellor agrees, solicitors and, indeed, all legal professionals play a vital role in upholding the rule of law. As Solicitor General, I take this opportunity to thank Government Legal Service lawyers for their exceptional work every day, often under pressure, on some of the most high-profile cases in the country.

[Chris Stephens]

That is all very well, but the Justice Minister denounces lawyers for parading their politics, while the Home Secretary believes that there is a racket of “lefty lawyers” undermining the law. Does the Attorney General not agree that, instead of deflecting blame from the serial ineptitude of a broken Home Office decimated by her colleagues, she should stand up for the profession as impartial arbiters of the rule of law?

[The Solicitor General]

The Attorney General and I often meet legal leaders across the profession both to celebrate their achievements and to hear their concerns. It is right to say that lawyers acting in the best interests of their clients should never be criticised for so doing. But it is also right to say, as the Lord Chancellor has also said, that it is the strong tradition of lawyers in this country that they simply act for their client without fear or favour and do not necessarily associate themselves with the cause. I agree 100% with the Lord Chancellor.

Oral Answers to Questions

Debate between Michael Tomlinson and Chris Stephens

Thursday 6th July 2023 Commons Chamber

[The Solicitor General]

I am grateful to my hon. Friend for raising this issue. He will be pleased to know that on the law tour, the Attorney General and I saw CPS East Midlands for ourselves, and he is right. It is also right to acknowledge that the vast majority of cases are performed correctly and accurately. Of those that are not, it is right to say that 243 decisions were found to be incorrect and were reviewed last year.

[Chris Stephens (Glasgow South West) (SNP)]

2. What discussions she has had with Cabinet colleagues on the compatibility of the Illegal Migration Bill with the European convention on human rights.